Our qualified Defense Base Act Lawyers are here to help you with any questions you have regarding your DBA case. Here are some very interesting facts and case summaries regarding report of injury and notice in a DBA or Longshore case coming directly from the Longshore Deskbook from the Benefits Review Board. Let our experienced Defense Base Act Attorneys answer your questions. The Longshore Desk Book is a searchable website which is a public record. According to the Longshore Deskbook:
Section 30 requires that employer file a report of injury, and it provides that the statute of limitations of Section 13 is tolled where employer fails to do so.
Section 30(a), as amended in 1984, provides that within 10 days of the date of any injury which causes the loss of one or more shifts of work, or death, or within 10 days from the date an employer has knowledge of a disease or infection in respect of such injury, the employer must submit a report of injury to the Secretary. A copy of this report must also be sent to the deputy commissioner/district director in the compensation district in which the injury occurred. Notwithstanding these requirements for lost-time injuries, each employer must keep a record of each and every injury regardless of whether the injury results in the loss of one or more shifts of work. See 20 C.F.R. §702.201. Prior to the 1984 Amendments, this provision did not specify that it applies only to any injury “which causes the loss of one or more shifts of work.”
Section 30(a) further specifies the contents of the report, including information regarding the identity of the employer and claimant, the cause and nature of the injury or death, the time and place of the injury or death and any other information the Secretary may require. See 20 C.F.R. §702.202.
Section 30(b) provides that additional reports regarding the injury and condition of the employee must be filed as required by the Secretary. Section 30(c) states that any report provided under subsections (a) or (b) shall not be evidence of any fact stated therein in any proceedings regarding such injury or death. Section 30(d) provides that timely mailing of reports to the appropriate officials will satisfy subsections (a) and (b).
Section 30(f) provides that where an employer or carrier has been given notice, or the employer, his agent or carrier has knowledge of an employee’s injury or death and “fails, neglects or refuses to file” the report required by Section 30(a), the Section 13(a) time period does not begin to run against the claim until the report is filed. See 20 C.F.R. §702.205.
Section 30(f) should be read in conjunction with the language in Section 12(a) regarding notice and in Section 12(d)(l), providing for excuse of untimely notice where employer has knowledge of the injury or death. As under Section 12(d)(1), employer must have knowledge not only of the fact of claimant’s injury but also that it is work-related. See Sheek v. General Dynamics Corp., 18 BRBS 1 (1985), modified on recon., 18 BRBS 151 (1986); 33 U.S.C. §912(a), (d)(l).
In Director, OWCP v. National Van Lines Inc., 613 F.2d 972, 11 BRBS 298 (D.C. Cir. 1979), aff’g in pert. part sub nom. Riley v. Eureka Van & Storage Co., 1 BRBS 449 (1975), cert. denied, 448 U.S. 907 (1980), the court rejected employer’s argument that its accident report to the Virginia Industrial Commission fulfilled the requirements of Section 30. The court held that employer clearly failed to file the required report with the Secretary and deputy commissioner. Thus, under the plain language of Section 30, the Section 13 time period was tolled.
Moreover, belief that state law rather than federal law applies to the injury does not excuse the failure to file a Section 30(a) report. Castro v. McLean Industries, 12 BRBS 911 (1980). In Cooper v. John T. Clark and Sons of Maryland, Inc., 11 BRBS 453 (1979), aff’d, 687 F.2d 39, 15 BRBS 5(CRT) (4th Cir. 1982), the Board concluded that an employer need not have definite knowledge that an injury was within the jurisdiction of the Act for Section 30(f) to apply. Therefore, where the employer knew of claimant’s injury and its job relatedness, the employer’s knowledge was sufficient to require it to file a report. Accord Spear v. General Dynamics Corp., 25 BRBS 132 (1991); Ryan v. Alaska Constructors, Inc., 24 BRBS 65 (1990).
In order to rebut the Section 20(b) presumption that a claim was timely filed, employer must establish compliance with Section 30 before it can prevail under Section 13(a). See Peterson v. Washington Metro. Area Transit Auth., 13 BRBS 891 (1981); Fortier v. General Dynamics Corp., 15 BRBS 4 (1982) (Kalaris, dissenting in part), aff’d mem., 729 F.2d 1441 (2d Cir. 1983); McQuillen v. Horne Brothers, Inc., 16 BRES 10 (1983). See Section 20(b) of the desk book.
If you are a contractor who has been injured on the job while working overseas in Iraq, Afghanistan or on any military base across the world, your case is covered by the Defense Base Act which is an extension of the Longshore and Harbor Workers’ Compensation Act. At the Law Offices of Gillis, Mermell & Pacheco, P.A., our qualified defense base act lawyers have a combination of over 43 years of experience in representing injured workers covered by the Defense Base Act and the Longshore and Harbor Workers’ Compensation Act. Let us put our years of experience and our reputation to work for you today! Contact us today at mail@gmpcomplaw.com, or go on our website at www.dbalawyers.com and fill out our form on the contact us page, or call us at 305 595 3350.
If you have a question about report of injury or notice or any other question in your DBA or Longshore case, contact our qualified defense base act attorneys today at mail@gmpcomplaw.com, or go on our website at www.dbalawyers.com and fill out our form on the contact us page, or call us at 305 595 3350.
Clifford R. Mermell, Esq., created the law firm of Gillis, Mermell & Pacheco, P.A. on March 1, 1996. Mr. Mermell has been the senior and managing partner of the firm since its creation. The firm was created to champion the rights of injured workers nationwide. It represents cases under the Worker’s Compensation, Wrongful Termination, Personal Injury, Admiralty and Maritime, Defense Base Act, and Longshore & Harbor Worker’s Compensation Act Laws.